Sanni Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51134 of 2017 Arising Out of PS.Case No. -188 Year- 2017 Thana -BHABHUA District- BHABHUA (KAIMUR) ====================================================== Sanni Singh, S/o Ram Sinhasan Singh @ Singhasan Singh, R/o:- Ramgarh, P.S.:- Bhagwanpur, Distt.- Kaimur.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Nandan Sahay For the Opposite Party/s : Mr. Sri Kalyan Shankar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 18.06.2017 in connection with Bhabua P.S. Case No. 188 of 2017 for offences punishable under Sections 25 (1-b) a, 26, 35 of the Arms Act.

The prosecution case, as lodged by the police personnel, is that during course of investigation of Bhabua P.S. Case No. 184 of 2017 one Wazid Ali Ansari was arrested who confessed his guilt and named the petitioner and other persons involved in stealing Rs. 12,50,000/- . On his confessional statement the house of one Guddu Mian was also searched and from his house four pistols and many live cartridges were

Patna High Court Cr.Misc. No.51134 of 2017 (2) dt.09-11-2017 2/3 recovered. Accordingly, a seizure list was prepared. It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated in the aforesaid case only on the basis of confessional statement of the co-accused before the police which has no evidentiary value in the eye of law. He submits that nothing has been recovered from his conscious possession and that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner. It is further submitted that some of the co-accused named by Wazid Ali Ansari have been granted the privilege of bail by this Court.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabua in connection with Bhabua P.S. Case No. 188 of 2017, subject to the conditions that:

(1) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

Patna High Court Cr.Misc. No.51134 of 2017 (2) dt.09-11-2017 3/3

(2) Petitioner will appear before the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

(Nilu Agrawal, J) Devendra/- U T